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CESM Minutes 10/19/2007 October 19, 2007 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 19,2007 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Conference Room #610 of the Collier County Community Development and Environmental Services Building, located at 2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate STAFF PRESENT: Jeff Wright, Assistant Collier County Attorney Jeffrey Letourneau, Code Enforcement Investigative Supervisor Arlene Harper, Code Enforcement Administrative Secretary HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA Date: October 19, 2007 at 8:30 A.M. Location: 2800 North Horseshoe Drive, Naples, Florida, Community Development and Environmental Services Room 609/610 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER - Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES - October 5, 2007 IV. MOTIONS A. Motions for Continuance V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 136858 LOIDA A. SANCHEZ DEPUTY 1. WRAY ORD. SEe. 130.66 PARKING IN AN UNLAWFUL AREA VIOLATION ADDRESS: SATURNIA GRANDE PI.. & LOGAN BLVD EXT. 2. CASE NO: OWNER: OFFICER: VIOLATIONS: SO 154858 SANTIAGO R. MARRERO DEPUTY S. BOYLAN ORD. SEC. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: 1306 WILDWOOD LAKES 3. CASE NO: SO 145122 OWNER: DEANNA L. SHIMER OFFICER: DEPUTYP. LONG VIOLATIONS: ORD. SEe. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: IN FRONT OF SUPER TARGET. TARPON & IMMOKALEE 4. CASE NO: SO 162185 OWNER: HAROLDCHUKERMAN OFFICER: DEPUTY I.. KELLER VIOLATIONS: ORD. SEe. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: NAPLES WALK AND SAM SNEED'S 5. CASE NO: SO 162364 OWNER: IRA N. MOSS OFFICER: DEPUTY I.. KELLER VIOLATIONS: ORD. SEe. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: RIVER REACH AND PUBLIX 6. CASE NO: SO 162197 OWNER: LOUIS J. ROBB OFFICER: DEPUTY L KELLER VIOLATIONS: ORD. SEe. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: BED BATH AND BEYOND AND CINGULAR 7. CASE NO: SO 162181 OWNER: MARY N. CRUSE OFFICER: DEPUTY I.. KELLER VIOLATIONS: ORD. SEe. 130.67 PARKING IN A HANDICAPPED SPACE VIOLATION ADDRESS: CARILLON AND GNC 8. CASE NO: PU 3148 OWNER: JIAN LIN OFFICER: INV. ALBERTO SANCHEZ VIOLATIONS: ORD. 02.17 SEe. 5, 5.4 ILLEGAL IRRIGA nON. PHASE II WATER RESTRICTIONS VIOLATION ADDRESS: 2841 INLET COVE LANE W 9. CASE NO: PU 3152 OWNER: CRAIG MUSTAIN & ANA MUSTAIN OFFICER: INV. ALBERTO SANCHEZ VIOLATIONS: ORD. 02.17 SEe. 5, 5.4 ILLEGAL IRRIGA nON. PHASE II WATER RESTRICTIONS VIOLATION ADDRESS: 2800 BERGAMOT LANE 2 10. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 3136 GIULIA MULE, GAETANO MULE TR INV. ALBERTO SANCHEZ ORD. 02.17 SEC. 5, 5.4 ILLEGAL IRRIGAnON. PHASE II WATER RESTRlCnONS VIOLATION ADDRESS: 931 TROPICAL BAY COURT 11. CASE NO: OWNER: OFFICER: VIOLATIONS: PU 535 JASON KENDRICK & MELISSA KENDRICK INV. JEREMY FLORIN ORD. 02.17 SEe. 5.4 ILLEGAL IRRIGATION. PHASE II WATER RESTRICTIONS VIOLATION ADDRESS: 647 IIOTHAVENUEN 12. CASE NO: PU 3098 OWNER: ADRIEN ST ACO & MARIE ST ACO OFFICER: INV. JEREMY FLORIN VIOLATIONS: ORD. 05.54 SEe. I9C(8) LITTER VIOLATION ADDRESS: 170 I 48TH STREET SW 13. CASE NO: PU 3080 OWNER: WILLIAM R. LAUX & DIANA C. LAUX OFFICER: INV. JEREMY FLORIN VIOLATIONS: ORD. 02.17 SEC. 5, 5.4 ILLEGAL IRRIGATION. PHASE II WATER RESTRICTIONS VIOLATION ADDRESS: 3100 41ST STREET SW 14. CASE NO: PU 3024 OWNER: DAVID R. HUNT OFFICER: INV. JEREMY FLORIN VIOLATIONS: ORD. 02.17 SEC. 5, 5.4 ILLEGAL IRRIGATION. PHASE II WATER RESTRICTIONS VIOLA nON ADDRESS: 4157 29TH PLACE SW 15. CASE NO: OWNER: OFFICER: VIOLATIONS: PR40 STERLIN F. MISENER PARK RANGER R. MARTIN ORD. SEC. 130.66(4) PARKING IN AN UNLAWFUL AREA. FAILED TO DISPLA Y PAID LAUNCH RECEIPT VIOLATION ADDRESS: 951 BOAT RAMP 3 16. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLA nON ADDRESS: 17. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 18. CASE NO: OWNER: OFFICER: VIOLATIONS: VIOLATION ADDRESS: 19. CASE NO: OWNER: OFFICER: VIOLAnONS: VIOLATION ADDRESS: 20. CASE NO: OWNER: OFFICER: VIOLAnONS: PR43 FRANK C. BRANGWIN PARK RANGER R. MARTIN ORD. SEC. 130-66(4) PARKING IN AN UNLAWFUL AREA - FAILED TO DISPLAY PAID LAUNCH RECEIPT 1645 DANFORD ST / BA YVIEW PARK PR 456 JOANN M. SLAGA PARK RANGER CAROL BUCKLER ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA - FAILURE TO DISPLAY PAID PARKING RECEIPT SOUTH MARCO BEACH - PARKING LOT PR 630 ERIK J. MADISON PARK RANGER MAURICIO ARAQUlST AIN ORD. SEe. 130-66 PARKING IN AN UNLAWFUL AREA - FAILURE TO DISPLAY PAID LAUNCH RECEIPT 951 BOAT RAMP PR 692 JOE L. VILLA P ARK RANGER CYNTHIA GA YNER ORD. SEC. 130-66 PARKING IN AN UNLAWFUL AREA - FAILURE TO DISPLAY PAID PARKING RECEIPT BAREFOOT BEACH ACCESS PR 589 SHAWN P. KINGSTON PARK RANGER SHERMAN BURR ORD. SEe. 130-66 PARKED IN AN UNLAWFUL AREA - BOA T LAUNCH STICKER NOT AFFIXED TO TRAILER VIOLAnON ADDRESS: COOHA TCHEE MARINA 21. CASE NO: OWNER: OFFICER: VIOLAnONS: DAS II 576 / DAS 11577 / DAS II 578 IRMA SILL AS DAS OFC. HINKLEY ORD. 14-36 SEc.(A)(2) ALLOW TO RUN AT LARGE VIOLATION ADDRESS: WILSON BLVD - PUBLIC WAY 4 26. 27. 22. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS II 579 1 DAS 115801 DAS 11581 IRMA SILLAS DAS OFe. HINKLEY ORD. 14.34 SEe. (A)(4) COUNTY LICENSE/TAGS NOT ATTACHED TO ANIMAL VIOLATION ADDRESS: WILSON BLVD. PUBLIC WAY 23. CASE NO: OWNER: OFFICER: VIOLATIONS: DAS 11582 1 DAS 11583 1 DAS 11584 IRMA SILLAS DAS OFe. HINKLEY ORD. 14.36 SEC.(A)(7) SNAP, GROWL, SNARL, JUMP UPON OR OTHERWISE THREATEN PERSONS LAWFULLY USING ANY ROAD RIGHT OF WAY VIOLAnON ADDRESS: WILSON BLVD. PUBLIC WAY 24. CASE NO: OWNER: OFFICER: VIOLATIONS: CE 3820 CLARA DATTOLO INV. RONALD MARTINDALE ORD. SEe. 130.66 PARKING IN AN UNLAWFUL AREA. RIGHT OF WAY VIOLATION ADDRESS: 132 JOHNNY CAKE DRIVE 25. CASE NO: OWNER: OFFICER: VIOLAnONS: CE 3737 JOHN R. WELCH INV. KITCHELL SNOW ORD. SEe. 130.66 PARKING IN AN UNLA WFUL AREA. ON COUNTY MAINTAINED PAVEMENT OTHER THAN DULY DESIGNATED PARKING SPACE VIOLATION ADDRESS: LIVINGSTON ROAD CASE NO: OWNER: OFFICER: VIOLATIONS: CO 436 (2007050061) MICHAEL VALENTINE, MICHAEL P. VALENTINE PROPERTIES INV. RENALD PAUL ORD. 99.51 SEC. 6, 7 & 8 ACCUMULATION OF LITTER IN A RESIDENnALL Y ZONED AREA VIOLATION ADDRESS: 5358 CATTS STREET CASE NO: OWNER: OFFICER: VIOLATIONS: 2007080325 6240 COLLIER GROUP, INC. C/O JUAN C. MACIAS, RA INV. AZURE SORRELS ORD. 05.44 SEC. 5.7 AND ORD. 04-41 AS AMENDED SEe. 4.06.0I(A)(2) LITTER VIOLAnON ADDRESS: 6240 COLLlERBLVD 5 28. CASE NO: 2007060653 OWNER: RICHARD CARTER OFFICER: INV. REGGIE SMITH VIOLATIONS: COLLIER COUNTY CODE OF LAWS & ORDINANCES, ARTICLE VI, SEe. 22-321(15) PRIVATE POOL MAINTENANCE VIOLAnON ADDRESS: 196 BRIARCLIFF LN 29. CASE NO: 2007060709 OWNER: SHANNA WARD OFFICER: INV. RONALD MARTINDALE VIOLATIONS: ORD. 04-58 SEe. I2C PROPERTY MAINTENANCE VIOLATION ADDRESS: 728110THAVEN 30. CASE NO: 2007080758 OWNER: PABLO RAMOS OFFICER: INV. STEPHEN A THEY VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 2.01.00(A), ORD. 04-58 SEe. 6(17) RECURRING VIOLATION OF PARKING VEHICLES ON OTHER THAN A STABILIZED SURFACE VIOLATION ADDRESS: 787IJOTHAVEN 31. CASE NO: 2007060828 OWNER: JON G. MOHRBACHER & LORA L. MOHRBACHER OFFICER: INV. JOHN CONNETTA VIOLAnONS: ORD. 04-58 SEe. 7(2) RENTAL REGISTRATION VIOLATION ADDRESS: 4470 24TH PL SW 32. CASE NO: 2007050370 OWNER: CARMEN LEONOR CASTRO OFFICER: INV. ROBIN GANGULI VIOLATIONS: ORD. 04-41 AS AMENDED SEC. 10.02.06(B)(I)(A), IO.02.06(B)(1)(E) & IO.02.06(B)( I)(E)(I) BUILDING PERMITS VIOLATION ADDRESS: 1700 42ND ST SW 33. CASE NO: 2007040348 OWNER: MICHAEL J. COUTURE & CHERYL L. COUTURE OFFICER: INV. CRISTINA PEREZ VIOLA nONS: ORD. 04-41 AS AMENDED SEe. 1.04.01 ILLEGAL LAND USE OF VACANT A-MHO ZONED PARCEL. STORING MULTIPLE COMMERCIAL DUMPSTERS/EQUIPMENT ON VACANT PROPERTY. VIOLATION ADDRESS: VACANT LOT 6 34. CASE NO: 2007050220 OWNER: CRESENCIO MARTINEZ OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-58 SEC. 6 SUB SEe. I2C AND 12P MINIMUM HOUSING VIOLATION ADDRESS: 5257 CYPRESS LN 35. CASE NO: 2007080081 OWNER: JILL J. WEAVER & HENRY TESNO OFFICER: INV. JOE MUCHA VIOLATIONS: ORD. 04-41 AS AMENDED SEe. 2.01.00(A) UNLICENSED VEHICLE VIOLATION ADDRESS: 3140 VANBUREN AVE 36. CASE NO: 2007050605 OWNER: COBB CORP LAND TRUST UTD DATED 10/13/05 OFFICER: INV. CHRISTOPHER AMBACH VIOLATIONS: ORD. 04-41 SEe. 10.02.06(B)(I)(A) & 106.1.2 BUILDING PERMITS VIOLATION ADDRESS: 182 SUNSET CAY C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: OWNER: OFFICER: VIOLATIONS: 2004090246 KEITH KOZIA TEK INV. JOHN SANTAFEMIA ORD. 9I-I02 AS AMENDED SEe. 2.7.6.1 AND 2.7.6.5A, AND ORD. 2002-01 SEC. 104.1.I GARAGE CONVERTED TO LIVING SPACE WITHOUT PERMITS VIOLATION ADDRESS: 3055 55TH TER SW 2. CASE NO: OWNER: OFFICER: VIOLA nONS: 2006030813 HAROLD GAY INV. JOE MUCHA ORD. 04-41 AS AMENDED SEe. 2.01.00 COMMERCIAL VEHICLES WITH ATTACHED TRAILER ON PROPERTY VIOLATION ADDRESS: 52 I 7 PERRY LN 7 4. 3. 5. 6. CASE NO: OWNER: OFFICER: VIOLATIONS: 2005020051 MICHAEL HERNANDEZ & ADRIANNA GARCIA INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU ORD. 04-41 AS AMENDED SEC. 2.01.00 UNLICENSED/INOPERABLE VEHICLES VIOLA nON ADDRESS: 1521 GOLDEN GATE BLVD W CASE NO: OWNER: OFFICER: VIOLATIONS: 2005061003 JEAN LOUIS & ADELE GILLES INVESTIGA TIVE SUPERVISOR JEFF LETOURNEAU ORD. 04.41 AS AMENDED SEC. 2.01.00 UNLICENSED/INOPERABLE VEHICLES VIOLATION ADDRESS: 1828 42ND TER SW CASE NO: OWNER: OFFICER: VIOLATIONS: 2005041138 JACQUELINE HUMES INVESTIGATIVE SUPERVISOR JEFF LETOURNEAU ORD. 04.41 AS AMENDED SEe. 2.01.00 COMMERCIAL VEHICLE IN RESIDENnAL DISTRICT VIOLATION ADDRESS: 1757 45TH TER SW CASE NO: OWNER: OFFICER: VIOLA nONS: 2006040213 ROSEMARIE G. HART INVESTIGATIVE SUPERVISOR PATRICIA PETRULLI ORD. 04.41 AS AMENDED SEe. 4.05.03 VEHICLES PARKED ON NON.ST ABILIZED SURFACE VIOLA nON ADDRESS: 3000 POINCIANA DR VII. OLD BUSINESS IX. REPORTS VIII. CONSENT AGENDA X. NEXT MEETING DATE: November 2, 2007 XI. ADJOURN 8 October 19, 2007 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:05 AM. All those testifying at the proceeding did so nnder oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:15 AM RECONVENED: 9:35 AM III. APPROVAL OF MINUTES The Minutes of the Hearings held on September 21,2007 and October 5, 2007 were reviewed by the Special Magistrate and approved as submitted. II. APPROVAL OF AGENDA Arlene Harper, Code Enforcement Administrative Secretary, proposed the following changes: (a) The following cases were W1THDRA WN by the County due to payment of fines: . Case # SO 162185 - BCC vs. Harold Chukerman . Case # SO 162364 - BCC vs.lra N. Moss . Case # SO 162197 - BCC vs. Louis J. Robb . Case # SO 162181- BCC vs. Mary N. Cruse . Case # CO 436 (2007050061) - BCC vs. Michael Valentine, Michael P. Valentine Properties . Case # 2006040213 - BCC vs. Rosemarie G. Hart (b) Re: Case # PR 40 - BCC vs. Stalin F. Misener, the case number was changed to PR - 467 and the name of the Park Ranger was changed from R. Martin to Carol Buckler. The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. IV. MOTIONS A. Motions for Continuance: 31. Case # 2007050828 - BCC vs. Jon G. Mohrbacher & Lora L. Mohrbacher The Special Magistrate stated the Respondents, who were not present, had submitted a letter requesting a Continuance. In their letter, the Respondents claimed they had made arrangements to be out of town prior to receiving the Notice of Violation. Collier County Code Enforcement Investigator John Connetta stated the County would not oppose a Continuance being granted. 2 October 19, 2007 Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the Respondents' Requestfor a Continuance. 1. Case # 2004090246 - BCC vs. Keith Koziatek The Special Magistrate stated the Respondent, who was not present, had submitted a letter requesting a Continuance. In his letter, the Respondent claimed he needed additional time in order to secure counsel. Collier County Code Enforcement Investigator John Santafemia stated the County would not oppose a Continuance being granted. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the Respondents' Request for a Continuance. V. PUBLIC HEARINGS A. Stipulations: 30. Case # 2007080758 - BCC vs. Pablo Ramos The Hearing was requested Collier County Code Enforcement Investigator Stephen Athey The Respondent was not present. Violation(s): Ord. 04.41 as amended, Sec. 2.01.00(A), Ord. 04.58 Sec. 6(17) Recurring: Parking vehicles on other than a stabilized surface Violation address: 787 1 lOth Ave. N. A Stipulation had been agreed to by Respondent on October 11. 2007. The Investigator stated he met with the Respondent who agreed to the terms of the Stipulation. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s} and was ordered to park all vehicles on a stabilized surface in a designated parking area on or before October 22,2007, or afine of $50. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $208. 92 on or before November 19, 2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. 32. Case # 2007050370 - BCC vs. Carmen Leonor Castro The Hearing was requested Collier County Code Enforcement Investigator Robin Ganguli who was present. The Respondent was also present. Louis Venegas, the Respondent's son, served as translator. 3 October 19, 2007 Violation(s): Ord. 04-41 as amended, Sec. 1O.02.06(B)(J)(A), 1O.02.06(B)(I)(E) & 1 0.02.06(B)(J )(E)(1) Building permits Violation address: 1700 42nd St. SW A Stipulation had been agreed to by the Respondent. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to obtain a Collier County Building Permit, all required inspections, and a Certificate of Completion, or obtain a Collier County Demolition Permit, all required inspections, and a Certificate of Completion on or before November 19, 2007, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $277.29 on or before November 19, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 33. Case # 2007040348 - BCC vs. Michael J. Couture & Chervl L. Couture The Hearing was requested by Collier County Code Enforcement Investigator Cristina Perez who was present. The Respondents were not present but were represented by their Attorney, Gerald R. Pitkin. Violation(s): Ord. 04-41 as amended, Sec. 1.04.01 Illegal land use of vacant A-MHO zoned parcel Storing multiple commercial dumpsters/equipment on vacant property Violation address: vacant lot A Stipulation had been agreed to by Gerald R. Pitkin, Esq. on behalf of the Respondents. The Investigator stated the Operational Costs of $298.13 had been paid. Finding the Notice of Hearing had been properly served, the Respondents were found GUlL TY of the alleged violation(s) and were ordered to remove the commercial dumpsters and/or equipment from the vacant/unimproved property on or before November 19,2007, or a fine of $1 00. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 14. Case # PU 3024 - BCC vs. David R. Hunt The Hearing was requested by Collier County Code Public Utilities Investigator Jeremy Florin who was present. The Respondent was present earlier and entered into a Stipulation, but left before the Hearing could be heard. 4 October 19, 2007 Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 4157 29th Place SW A Stipulation had been agreed to by Respondent The Investigator stated the violation has been abated. Finding the Notice of Hearing had been properly served, and jinding the violation did exist but had been CORRECTED prior to today's Hearing, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay a civiljine in the amount of$80.00 on or before November 19, 1007. 34. Case # 2007050220 - BCC vs. Cresencio Martinez The Hearing was requested by Collier County Code Enforcement Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present but was represented his brother, Samuel Martinez. Violation(s): Ord. 04-58, Sec.6, Subsec. 12C and 12P Minimum housing Violation address: 5257 Cypress Ln. A Stipulation had been agreed to by Samuel Martinez on behalf of the Respondent. The Investigator stated the violations had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to hire a licensed contractor and obtain a Collier County permit, required inspections, and a Certificate of Completion of repairs on or before February 19, 1008, or a jine of $100. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amountof$167.90 on or before November 19, 1007. The Respondent is to notify the Investigator within 14 hours of a workday to concur the violation had been abated. 27. Case # 2007080325- BCC vs. 6240 Collier Group, Inc., c/o Juan C. Macias, RA The Hearing had been requested by Collier County Code Enforcement Investigator Azure Sorrels who was present. The Respondent was not present but was represented by his Attorney, Harry Mihet, Esq. Violation(s): Ord. 05-44, Sec. 5-7 and Ord. 04-41 as amended, Sec. 4.06.0 I (A)(2) Litter Violation address: 6240 Collier Blvd., Naples, FL 34114 5 October 19, 2007 A Stipulation had been agreed to by Harry Mihet, Esq., on behalf of the Respondent. The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s} and was ordered to remove all litter from the property on or before November 2,2007, or afine of $100. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent is unable to comply within this time frame, Code Enforcement may hire a licensed contractor to remove the litter and the cost for the abatement will be assessed to the Respondent. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $219.29 on or before November 19, 2007. The Respondent is to notifY the Investigator within 24 hours of a workday to concur the violation had been abated. 29. Case # 2007060709 - BCC vs. Shanna Ward The Hearing was requested by Collier County Code Enforcement Investigator Ronald Martindale who was present. The Respondent was also present. Violation(s}: Ord. 04-58 Sec. l2C Property maintenance Violation address: 728 110th Ave. N., Naples, FL 34108 The Investigator stated the violation had not been abated. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s} and was ordered to obtain a Collier County permit and Certificate of Completion on or before February 19, 2008, or afine of$200.00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$225.17 on or before November 19,2007. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation had been abated. V. PUBLIC HEARINGS A. Hearinl!s: 1. Case # SO 136858 - BCC vs. Loida A. Sanchez The Hearing had been requested by the Respondent who was present. Collier County Sheriff's Office Deputy J. Wray was present. Vivian Zafra served as translator. 6 October 19, 2007 Violation(s): Ord. Sec. 130-66 Parking in an unlawful area Violation address: Saturnia Grade PI. & Logan Blvd. Ext. The Respondent stated when she noticed that her car was not parked in its usual place at her apartment complex parking lot, she called the police on August 28, 2007 to report that it had been stolen. The Deputy stated the report was made one day after the car had been found illegally parked and had been towed. He stated there did not appear to be a forced entry into the vehicle. He also noted the Respondent had a 16 year old son who could have taken the car without her permission. The Respondent stated she asked her son ifhe took the car after she was asleep and he replied that he did not. The car has been returned to her. Finding the Notice of Hearing had been properly served, and finding the violation did exist but had been CORRECTED prior to today's Hearing, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay a Citation fee in the amount of$30.00 on or before November 19, 2007. The Respondent was ordered to pay the Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before November 19, 2007. 2. Case # SO 154858 - BCC vs. Santial!o R. Marrero The Hearing was requested by the Respondent who was not present Collier County Sheriff s Office Deputy S. Boylan was not present. Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: 1306 Wildwood Lakes Arlene Harper, Collier County Administrative Secretary, stated for the record that the Respondent had called Code Enforcement and left a phone message that he could not be present at the Hearing and requested a Continuance. The Special Magistrate determined that since neither party was present, this case would be continued. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the Respondent's Request for a Continuance. 4. Case # SO 145122 - BCC vs. Deanna L. Shimer The Hearing was requested by Collier County Sheriffs Office Deputy Page Long was present. The Respondent was not present. 7 October 19, 2007 Violation(s): Ord. Sec. 130-67 Parking in a handicapped space Violation address: In front of Super Target - Tarpon & Immokalee. Arlene Harper, Collier County Administrative Secretary, stated the Notice had been sent via certified mail but she has not received confirmation of delivery. The Special Magistrate stated she would accept the Deputy's testimony at this time rather than require her to appear again. The Deputy stated she observed the vehicle was parked in a handicapped space without a visible handicapped permit. She stated she viewed the inside of the vehicle to be sure a permit had not fallen onto the seat but she could not see a permit anywhere inside the car. The Special Magistrate determined this case would be TAKEN UNDER ADVISEMENT. She requested that Code Enforcement contact the Respondent to explain that she could submit a written letter of defense on or before November 2, 2007. The Special Magistrate stated she would rule in this case after she received confirmation from Code Enforcement regarding the status of the Respondent's letter. 8. Case # PU 3148 - BCC vs. Jian Un The Hearing was requested by the Respondent who was not present Collier County Public Utilities Investigative Supervisor Alberto Sanchez was present. Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation - Phase II water restrictions Violation address: 2841 Inlet Cove Lane W. The Investigator stated this was an issue of public health, safety and welfare. He stated this was a repeat violation. He further stated that he posted the Notice of Violation at both the property and the Courthouse. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation{s) and was ordered to pay a civil fine of $200. 00, together with an administration fee of $5.00, on or before November 19, 2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before November 19,2007. 9. Case # PU 3152 - BCC vs. Crail! Mustain & Ana Mustain The Hearing was requested by the Respondent who was present and also represented his wife, Ana Mustain. Collier County Public Utilities Investigative Supervisor Alberto Sanchez was also present. Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 2800 Bergamont Lane 8 October 19, 2007 The Respondent read the letter that he submitted into the record. (A copy of this letter is attached hereto). He stated he was unaware of the water restrictions or that he was in violation since he had recently moved into his home. His sprinkler system had "been set" when he moved into the home. He further requested the fine be waived. The Respondent produced two photographs which were marked as Respondent's Exhibits "I" and "2" and were admitted into evidence. Supervisor Sanchez stated due to the drought conditions, this is a public health, safety and welfare issue. He also stated there are numerous signs in the Respondent's subdivision to alert the residents of the drought restrictions, and a reference phone number was clearly visible on the signs. The Supervisor introduced a photograph which was marked as County Exhibit "A" and entered into evidence. Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and was ordered to pay a civil fine of $75.00, together with an administration fee of $5. 00, on or before November 19, 2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of$50.00 on or before November 19, 2007. RECESS: 10:45 AM RECONVENED: 11:05 AM V. PUBLIC HEARINGS B. Hearinl!s: 10. Case # PU 3136 - BCC vs. Guillia Mule, Gaetano Mule Tr The Hearing was requested by the Respondent who was present and represented her husband, Gaetano Mule. Collier County Code Public Utilities Investigative Supervisor Alberto Sanchez was also present. Violation(s): Ord. 02-17 Sec. 5, 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 931 Tropical Bay Court The Respondent stated she and her husband were on vacation during July. A neighbor had checked her water meter and told her it was set properly She stated whenever there are thunderstorms in that area, the power goes out. She further stated that a possible thunderstorm may have thrown the meter off-cycle. Supervisor Sanchez stated the violation occurred while he was writing the Citation. 9 October 19, 2007 Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine of $ 75. 00, together with an administrative fee of $5. 00, on or before November 19, 2007. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before November 19,2007. 11. Case # PU 535 - BCC vs. Jason Kendrick & Melissa Kendrick The Hearing was requested by the Respondents who were not present. Collier County Public Utilities Investigator Jeremy Florin was present. Violation(s): Ord. 02-17 Sec. 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 647 1 10th Avenue N. Code Enforcement Public Utilities Investigator Jeremy Florin requested that this case be dismissed. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the County's request and DISMISSED the case. 12. Case # PU 3098 - BCC vs. Adrien Staco & Marie Staco The Hearing was requested by the Respondent who was present and also represented her husband, Adrien Staco. Collier County Code Public Utilities Investigator Jeremy Florin was also present. who was present. Violation(s): Ord. OS-54 Sec. 19(C)8 Litter Violation address: 170 I 48th Street SW The Respondent stated that on the date the Citation was issued, her husband was out of town and she had been working overnight. Apparently someone placed the bicycle on her property which her children later moved to the side of the house. The bicycle was not owned by her children. She reiterated that her house is on a comer lot and she has had problems with people dumping things on her property. She stated she would store the items, and then put them out for removal on trash day. The Investigator stated he observed the bicycle, which was a large three-wheel variety, parked in the right-of-way. As he began to write the Citation, the children came out of the house and began to play on the bicycle. When he attempted to question the Respondent's children about the ownership of the bicycle, the eldest son became verbally abusive. The children stated they did not know who owned the bicycle. The Investigator stated there had been a Notice of Violation for which the Respondent had signed on a previous occasion. The Investigator further stated he had advised the Respondent on the previous occasion to call the police whenever she observed someone attempting to dump items on her property. These items included a fan, tires, etc. 10 October 19, 2007 Finding the Notice of Hearing had been properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine of$50.00, together with an administrative fee of $5. 00, on or before January 19, 2008. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before November 19, 2007. 15. Case # PR 40 - BCC vs. Sterlin F. Misener The Hearing was requested by the Respondent who was present. Collier County Park Ranger Carol Buckler was also present. Violation(s): Ord. Sec. 130-66(4) Parking in an unlawful area- failure to display paid launch receipt Violation address: 951 Boat Ramp Park Ranger Buckler requested the case be dismissed since the Respondent had produced proofofpayment of the launch receipt. She stated there was a problem between the Dock Master and the Respondent. She noted she had no jurisdiction over the actions of the Dock Master. The Respondent stated for the record that his dealings with the Dock Master had been exceptionally difficult, and he felt he was the victim of both physical and verbal harassment. Assistant County Attorney Jeff Wright gave the Respondent his card and requested that he call in order for the Assistant County Attorney to question the Respondent further about this matter. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the County's request and DISMISSED the case. 16. Case # PR 43 - BCC vs. Frank Co Bran!!win The Hearing was requested by the Respondent who was present. Collier County Park Ranger Robert Martin was also present. Violation(s): Ord. Sec. 130-66(4) Parking in an unlawful area - failure to display paid launch receipt Violation address: 1645 Danford St./Bayview Park Park Ranger Martin requested the case be dismissed since the Respondent had produced proof of payment of the launch receipt. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the County's request and DISMISSED the case. 17. Case # PR 456 - BCC vs. Joann M. Sla!!a The Hearing was requested by the Respondent who was present. 11 October 19, 2007 Coliier County Park Ranger Carol Buckler was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area - failure to display paid launch receipt Violation address: South Marco Beach ~ parking lot The Respondent stated she had consistently purchased Marco Island Beach passes since moving to Marco Island seven years ago. She stated her car had been repaired due to accident damage and the bumper had been replaced. She was unaware the existing sticker had not been placed on the new bumper until she received the Citation. She requested the fees be waived since she had purchased a valid pass for this year. Park Ranger Buckler stated if the Respondent had purchased a pass and lost it, a replacement pass could be obtained at the same office where it was initially purchased. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s} and were ordered to pay the pass fee of $6.00, and a civilfine of $30. 00, together with an administrative fee of$5.00, on or before November 19,2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50. 00 on or before November 19, 2007. The Special Magistrate ruled if the Respondent could produce proof of prior purchase of a valid beach pass on or before November 2, 2007, the fines would be reduced to a total amount of $11.00. The Respondent was instructed to contact Park Ranger Buckler, and the Ranger was authorized to reduce the fines pursuant to the Special Magistrate's direction. 18. Case # PR 630 - BCC vs. Erik J. Madison The Hearing was requested by the Respondent who was present. Collier County Park Ranger Mauricio Araquistain was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area- failure to display paid launch receipt Violation address: 951 Boat Ramp Park Ranger Araquistain requested the case be dismissed since the Respondent had produced proof of payment of the launch receipt. Finding the Notice of Hearing had been properly served, the Special Magistrate GRANTED the County's request and DISMISSED the case. 19. Case # PR 692 - BCC vs. Joe L. Villa The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Cynthia Gaynor was present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area- failure to display paid launch receipt 12 October 19, 2007 Violation address: Barefoot Beach Access The Park Ranger stated she did not see a receipt displayed on the dashboard and she also viewed the inside of vehicle to see if it had fallen on the seat. She further stated the Notice of Hearing has been send via certified mail. The Special Magistrate noted that no correspondence had been received from the Respondent. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s} and were ordered to pay a civil fine of $30. 00, together with an administrative fee of $5. 00, on or before November 19,2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before November 19,2007. 20. PR 589 - BCC vs. Shawn P. Kinl!:ston The Hearing was requested by the Respondent who was present. Collier County Park Ranger Sherman Burr was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area- boat launch sticker not affixed to trailer Violation address: Cocohatchee Marina The Respondent stated he has been purchasing boat launch stickers for the past six years. He stated the receipt allows you to list license plates for one or two boats. Since it is not practical to place the sticker on only one trailer when he uses a trailer for each boat, he has been displaying his sticker on the bumper of his vehicle. He produced his receipt as showing where two license plates had been entered. He has followed this procedure for the past six years. The Park Ranger stated the sticker belongs on the trailer that is used to transport the boat, not on the truck. He introduced a letter from the Dock Master dated October 17, 2007 which was marked as County Exhibit HA" and entered into evidence. He also introduced two photographs which marked as Composite County Exhibit HB," together with a flyer from Collier County Parks and Recreation that explained where the sticker was to be displayed as County Exhibit He." Exhibits HB" and HC" were entered into evidence. The Respondent questioned why, if the launch receipt allows space to list the license numbers for two different boats, a person should be required to place the sticker on only one trailer thus prohibiting the boater from using the second boat which is housed on a different trailer. It is more practical to keep the sticker displayed on the truck which tows the trailer. The Park Ranger was unable to answer his question. The Special Magister stated there might be an inequity in the County's Ordinance which needs to be addressed by the Board of County Commissioners. Until such time as the Ordinance is corrected, a loophole does exist. 13 October 19, 2007 Finding the Notice of Hearing had been properly served, the Special Magistrate determined the Respondent was NOT GUILTY. 24. Case # CE 3820 - BCC vs. Clara Dattolo The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Ronald Martindale was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area- right of way Violation address: 132 Johnny Cake Drive The Respondent stated she had her driveway repaved and was parking her car in her neighbor's driveway. The Respondent stated she had left the neighbor's when she realized she had forgotten her purse, so she pulled into the area in front of her own driveway to run into her house to retrieve her purse. She estimated the car was parked in the right-of-way for approximately three minutes. The Investigator stated he was on patrol and observed the vehicle parked in the right-of-way next to the driveway. He stated he did not observe any tape or signs stating to not park in the driveway and proceeded to write the Citation. He stated he was at the location for at least ten minutes before he saw the Respondent emerge from her home. Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s} and were ordered to pay a civil fine of $30.00, together with an administrative fee of$5.00, on or before November 19,2007. The Respondent was ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $50.00 on or before November 19,2007. 25. Case # CE 3737 - BCC vs. John R. Welch The Hearing was requested by the Respondent who was present. Collier County Code Enforcement Investigator Kitchell Snow was also present. Violation(s): Ord. Sec. 130-66 Parking in an unlawful area- on County maintained pavement other than duly designated parking space Violation address: Livingston Road The Respondent stated he allowed a friend to borrow one of his cars on July 22, 2007, but the car broke down. The Respondent's friend was driving to see his physician because he was ill. The friend called the Respondent and told him that he pushed the car off the road into an area between the road and a Publix parking lot. The Respondent utilized a visual aid to display a diagram of the location of the vehicle. The Respondent could not retrieve the vehicle until after he finished working for the day. He further stated the area where his friend left the car may have been intended for use as an entrance into the parking lot, but it was not completed as such and was abandoned possibly because it was not acceptable for the traffic flow. 14 October 19, 2007 The area was paved and he did not see any signs identifying the location as designated for County vehicles. The Investigator stated the area was designated as a location for the County's maintenance vehicles to be parked. He further stated when he examined the vehicle, there was no sign indicating the car had broken down. There was no note posted on the dashboard or distress flag was displayed from the driver's door. The Special Magistrate stated that even though he loaned his vehicle to his friend, the owner was still responsible for it. However, the Special Magistrate stated she would waive assessing any Operational Costs. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s} and were ordered to pay a civil fine of $30. 00, together with an administrative fee of $5. 00, on or before November 19, 2007. VI. NEW BUSINESS A. Motion for ImDosition of Fines: 4. Case # 2005061003 - BCC vs. Jean Louis & Adele Gilles The County was represented by Collier County Code Enforcement Investigative Supervisor Jeffrey Letourneau. The Respondent was present and also represented her husband, Jean Louis Gilles Code Enforcement Investigator Renald Paul served as translator. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 Unlicensed/inoperable vehicles Violation address: 1828 42nd Terr. SW, Naples, FL 34116 Code Enforcement Investigative Supervisor Jeffrey Letourneau stated the Operational Costs of$158.78 and the civil find of$250.00 had been paid. The County requested assessment of fines in the total amount of $3,700.00 for the period from January 12,2006 through February 18, 2006 (37 days @ $lOO/day). The Respondent stated she intended to send the vehicle to Haiti and had removed the license. Due to a family emergency, she left town immediately thereafter. She didn't think about re-attaching the license plate prior to leaving. Upon her return, she did replace the license plate on the vehicle. She has been out of work since her return, and asked if the fine could be waived. The Special Magistrate determined the family emergency was a mitigating factor and the Respondent had paid both the fine and the Operating Costs, so she reduced the fine from $3,700.00 to $1,000.00. The Special Magistrate GRANTED the County's motion for the imposition offines, but reduced the total amount to $1,000.00. 15 October 19, 2007 5. Case # 2005041138 - BCC vs. Jacqueline Humes The County was represented by Collier County Code Enforcement Investigative Supervisor Jeffrey Letourneau The Respondent was also present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 Commercial vehicle in residential district Violation address: 1757 45th Terr SW Code Enforcement Investigative Supervisor Jeffrey Letourneau stated the violations had been abated. The County requested assessment of Operational Costs in the amount of $111.25. The Respondent stated she could not attend the Court hearing and abated it. She stated she spoke with the Investigator on the case asking if her appearance was necessary since the vehicle had been removed. She stated she was told the case would be dismissed. Therefore, she was very surprised when she received the Notice of this Hearing since she had heard nothing since 2005. Supervisor Letourneau stated he would have no objection if the Special Magistrate waived payment of the Operational Costs. The Special Magistrate GRANTED the County's motion and WAIVED assessment of Operational Costs. V. PUBLIC HEARINGS B. Hearin!!s: 13. Case # PU 3080 - BCC vs. William R. Laux & Diana C. Laux The Hearing was requested by the Respondent who was present. Collier County Public Utilities Senior Investigator Ray Addison was present on behalf of Public Utilities Investigator Jeremy Florin. Violation(s): Ord. 02-17, Sec. 5, 5.4 Illegal irrigation - Phase II Water Restrictions Violation address: 3100 41" Street SW The Respondent stated that her husband had passed away and she is the sole owner of the property. She stated her husband handled the yard work and, since his passing, the sprinkler system began to malfunction due to a broken timer. She further stated the system had been removed, and is in the process of being repaired. The Respondent introduced a letter from Green Bay Lawn Care attesting to the malfunction of the sprinkler box and its subsequent removal. The letter was marked Respondent's 16 October 19, 2007 Exhibit" I" and was entered into evidence. The Respondent further stated due to her ill health, she does not have the money to fix the sprinkler and cannot afford to pay the fine. She stated she now relies on rain to water her lawn. Investigator Addison stated the Citation was written on July 19,2007. He further stated the Respondent had met with Investigator Florin on August I, 2007 to explain her situation, but he declined to dismiss the case. The Special Magistrate asked if the County had any evidence to refute the Respondent's claim that the unit had malfunctioned. Investigator Addison stated he did not. The Special Magistrate determined the malfunction was beyond the control of the Respondent. Finding the Notice of Hearing had been properly served, the Special Magistrate ruled the Respondent was NOT GUILTY. RECESS: 12:40 PM RECONVENED: 1:10 PM V. PUBLIC HEARINGS B. Hearines: 36. Case # 2007050605 - BCC vs. Cobb Corp Land Trust UTD Dated 10/13/05 The Hearing was requested by Collier County Code Enforcement Investigator Christopher Ambach who was present. The Respondent was not present but was represented by his Attorney, Douglas Rankin, Esq. Violation(s): Ord. 04-41 Sec. 1O.02.06(b)(1)(a) & 106.1.2 Building Permits Violation address: 182 Sunset Cay, Naples, FL 34114 Attorney Rankin stated his client would be available to testify via telephone if so required. The Investigator was called to the location on May 17, 2007 concerning another matter. While there, he observed three other permit violations, specifically, the boat dock had not received a Certificate of Completion. Later the same day, he met with the Jeannette Hewslick, property manager, and served the Notice of Violation. The Investigator spoke with Wanda Warren, Collier County, on July 31,2007, who informed him the IO-day spot survey submitted by Ms. Hewslick had been denied because the dock did not meet the set-back requirements. He spoke with Wanda Warren on August 21,2007. She informed him that she had spoken with Ms. Hewslick to notify her of the denial. This case was initially heard by the Special Magistrate on September 7, 2007, and was 17 October 19, 2007 continued. The Investigator showed the exhibits he wished to admit but Attorney Rankin objected to the permit card. Attorney Rankin claimed the card has been recently altered by the County to change it by adding the 10-day spot survey to the end. He also objected to as to whether or not the items now attached to the permit card had actually been attached to it initially. Attorney Rankin provided the following background information on this case: When his client became aware of the problem, she went to the Records Department but was told the permitting items were kept in another building. She was present when the items were later brought back. The permits were not stapled to, or secured in a file, but were simply loose in a manila file. Attorney Rankin challenged whether or not the items attached to the permit card even belonged in that file. Mr. Rankin further stated when the house was built in 1996, the original owner obtained five pernlits from the County. When asked by the Special Magistrate how he knew the attachments should not have been with the permit, Attorney Rankin replied he had different items attached to his copies of the same document. Included in his packet was a C/O from the dock's electrical permit. Attorney Rankin stated he objected to the admission of the permit card because it appeared to have been changed by the County after this case began. The Special Magistrate asked the Investigator where he obtained the permit card. He stated he received the photocopy from the Records Department. Attorney Rankin the County added "spot survey" to the bottom of the card after there was an approved final building inspection on the dock. The Special Magistrate asked if the comment would have been made after something had occurred, as in "after the tact." Attorney Rankin stated the documents related back to the Ordinance issued on April 10, 1997, which stated on pages 13 and 14 that all records prior to that date were deemed unreliable. He further stated the house had been completed in 1996 and these documents carne from the era when the County's records were known to be unreliable. There were four permits that had C/Os issued At that time period, a house was built all at once and it was C/O'd all at once. He claimed the permit that is the subject of this Hearing was an express dock permit. Supervisor Jeff Letoumeau objected. The Special Magistrate stated she would admit all of the documents. The Special Magistrate stated Attorney Rankin could point out any differences between his copy and the County's copy of the documents, and that he had the right to attack the County's case. She further stated that she would make a specific ruling on which facts she would accept and which she would not. The following documents were admitted into evidence for the County: 18 October 19, 2007 Composite Exhibit "A": Exhibit "B": Application for building permit, express, #96-9047 Case image (photograph) with image date of August 1,2007 from CD-Plus Report Aerial image (poor quality) from Collier County Property Appraiser website (maps) Property ID card from Property Appraiser's Office (2 pages) Printed inspection history (printed on 09/07/2007) Exhibit "C": Composite Exhibit "D": Exhibit "E": The Special Magistrate asked the Investigator ifhe had any other information to place on the record regarding the exhibits. Investigator Ambach stated there were several permits which were separate entities. He stated there were permits for building, for the dock, etc. The permit for the house was separate from the other permits. The permit that the Investigator submitted showed no final inspection had been done and the dock was not issued a C/O. The property ID card also indicated that no final inspection had taken place. The Special Magistrate asked Attorney Rankin ifhe had any questions for the Investigator. Attorney Rankin asked if the property ID card contained any information regarding the other four 1996 permits. The Investigator and the Attorney entered into a discussion concerning whether the four 1996 permits were C/O'd in 1998. The Investigator stated Permit #960002296, Permit #960009074 and Permit #2006031124 were not issued Certificates. The CD Plus printout was reviewed by the Investigator. Supervisor Letourneau reviewed the history of all the permits issued for the Respondent's property. Attorney Rankin asked if the Investigator gave a copy of that document to the Respondent. The Investigator replied that he did not. Attorney Rankin moved to admit the copy of the CD Plus printout as Respondent's first Exhibit. The County did not object. The Special Magistrate entered it into evidence as Respondent's Exhibit "A." In response to Supervisor Letourneau's question, Attorney Rankin stated the CD Plus document had been printed by the County at 2:47 PM by Pamela Judy. He stated the document was handed to the Respondent by a County representative. Attorney Rankin inquired about the 1996 permits: . The first permit listed was issued for a single- fami! y residence and the status showed "C/O"; . The second permit listed was issued for a swimming pool and the status showed "C/O"; . The third permit listed was issued for a screened enclosure for the swimming pool and showed "C/O"; . The fourth permit listed was issued for the dock, lift and electrical and showed "inspection status; . The fifth permit listed was issued for electrical for the dock and showed "C/O." 19 October 19, 2007 When asked how the electrical for the dock could receive a Certificate while the dock itself was in "inspection status," Supervisor Letourneau responded it could have been because no one submitted a 10-day spot survey and the dock did not meet the set-back requirements. Attorney Rankin asked if either Investigator Ambach or Supervisor Letourneau were building officials or had any experience with building matters. When asked how either could testify in this matter, Supervisor Letourneau stated their experience was through Code Enforcement. Attorney Rankin asked how either one could testify as to what the Building Department's records meant. Supervisor Letourneau stated he had testified in many prior cases. Attorney Rankin objected to either Investigator Ambach or Supervisor Letourneau testifying because they were not experts. The Special Magistrate stated since they both had to interpret building codes in order to enforce them, she would allow their testimony from that perspective. Attorney Rankin asked Supervisor Letourneau to examine the permit card and asked if it stated "115ST - final building - 9/25/96." Supervisor Letourneau concurred. Mr. Rankin asked if that indicated a final permit inspection at that time. Supervisor Letourneau agreed. Attorney Rankin stated the "spot survey" was recently added after the fact. Supervisor Letourneau stated he did not know when the language was added. Attorney Rankin asked if a spot survey was required in order to obtain a final building. Supervisor Letourneau replied it was not. He said final building is obtained first and then a spot survey is requested to C/O the structure. Attorney Rankin asked when CD Plus was first used by the County. Supervisor Letourneau replied he thought it was in 1991. Attorney Rankin stated CD Plus was brought into effect on April I, 1997. Attorney Rankin reiterated the records the County was using were not reliable in general and especially during the time period prior to 1997. Supervisor Letourneau objected stating the report for the single-family residence referenced a 10-day spot survey which was approved. He stated the County would not put a 10-day spot survey on a permit unless it was required. Attorney Rankin asked Supervisor Letourneau to read what the property card stated about the the permits which were C/O'd. Supervisor Letourneau replied Permit #969047 was "no final." (This permit is the subject ofthe Hearing.) It also stated #962296, the pool, was C/O'd, and #968201 "no final" which was for the screened enclosure When Attorney Rankin asked if the CD Plus showed these permits were C/O'd, Supervisor Letourneau stated it was because there were Code cases during this year and the C/Os were obtained recently. Attorney Rankin inquired about Permit #96451 which refers to the house itself. Supervisor Letourneau stated it did say "date - N/F". Attorney Rankin asked the Supervisor to review Permit #969047 which referred to the 20 October 19, 2007 electrical for the dock and was described as "no final" on the Property Appraiser's card. He asked if a C/O was listed and the date of the C/O. The Supervisor replied the date was August 25, 1997. Mr. Rankin stated it was the same Permit that the Property Appraiser's card classified as "no final" yet there is a 1997 date tor a C/O. Investigator Ambach stated he did not inspect the dock, the boat lift, or the pilings when he was at the property. Attorney Rankin asked to admit into evidence the Permit application for the dock's electrical and its associated items. The County did not object. The Special Magistrate admitted the documents as Respondent's Composite Exhibit "B." Attorney Rankin presented an aerial photograph of the dock to Investigator Ambach and requested the photograph be admitted into evidence. The County did not object. The Special Magistrate admitted the photograph from the Collier County Property Appraiser with an attached page (diagram) as Respondent's Composite Exhibit "c." Mr. Rankin asked the Investigator ifhe knew the dock was in compliance. He stated his testimony was that a permit was issued for the dock, but a C/O was not. The required 1 O-day spot survey was not done so a C/O was not issued. When asked about the property line and set back requirements, Supervisor Letourneau stated he would not rely on GIS maps to determine a property line because they were not reliable. When asked ifhe knew who was appointed to be in charge of the County's GIS system, Investigator Letourneau replied he thought is was the Property Appraiser's Office. Attorney Rankin asked if either Supervisor Letourneau or Investigator Ambach had searched the Property Appraiser's web site to view the aerial photograph of the property in question. Investigator Ambach replied that he had. Attorney Rankin stated the basis of the case is that Collier County considered the dock to be in violation of set back requirements. Supervisor Letourneau stated he would not make that type of determination. The County asked for a lO-day spot survey in order to issue a C/O. When Attorney Rankin asked who determined the spot survey was not accepted, Supervisor Letourneau responded that Wanda Warren's name appeared on a note attached to the CD Plus printout. Attorney Rankin asked Supervisor Letourneau to review County Ordinance 2007-44 and ifhe knew the history surrounding the Ordinance. The Supervisor replied he thought there were questions concerning records from the '70s and' 80s. The Special Magistrate stated she would take Judicial Notice of the Ordinance. Assistant County Attorney Jeff Wright stated he wanted to enter his comments on the record regarding the Affirmative Defense language concerning the records and in particular the burden on the violator. Assistant County Attorney Wright stated the first Affirmative Defense is based upon a failure to obtain a permit. Inspector Letourneau stated a permit was issued. 21 October 19, 2007 However, there was no 10-day spot survey to justify issuing a C/O. He stated this case was not based upon the failure to obtain a permit. Assistant County Attorney Wright further stated the burden on the violator to demonstrate to the building official which he has not seen. Attorney Rankin moved to have all charges dismissed because the original charging document stated there was no permit. He stated, "If "we" are not here because of "no permit," we should not be here at all because the Assistant County Attorney stated there was a permit." Attorney Rankin stated the Ordinance violation cited was that there was no permit. Supervisor Letourneau stated the Ordinance was 1O.02.06(B)(a) which states "no building or structure shall be constructed or altered or allowed to exist without first obtaining the authorization, prior building permits, inspections and Certificate of Occupancy." Assistant County Attorney Wright stated the specific issue was the failure to obtain a C/O for the dock, and there was an underlying permit. The Special Magistrate stated that she was denying Attorney Rankin's Motion to Dismiss. Attorney Rankin presented photographs for the Investigator and Supervisor to review. Attorney Rankin moved to admit the photographs, a Plat Map of the Port of the Islands which was identified as Plat Book 21, Page 3, and a second document identified as Plat Book 21, Page 1, into evidence. The Special Magistrate denied admittance to the photographs and ruled they were not relevant to this case. The Plat Maps were marked as Respondent's Exhibits "E" and "F" respectively and admitted into evidence. The County objected to the admission of additional photographs of the house and dock. Attorney Rankin presented a document to Investigator Letourneau which he identified as the Certificate of Occupancy for the house which was issued on October 22, 1998. The Supervisor stated there was an "N/F" marked on the permit. Attorney Rankin asked the Supervisor ifhe had any actual knowledge of what was the meaning of the "N/F" as used by the Building Department or was he guessing? Supervisor Letourneau stated it meant "no final." The entire packet identified as Application for Building Permit, Permit # 96-451, was admitted into evidence as marked as Respondent's Exhibit "D." Attorney Rankin again questioned the building experience of Supervisor Letourneau and Investigator Ambach that allowed them to testify in this case. The Special Magistrate reminded him she had allowed their testimony in their capacity as Code Enforcement officials. Attorney Rankin stated that no building official was here to testify. The Special Magistrate stated the subject of the hearing was whether a C/O had been issued. 22 October 19, 2007 As Attorney Rankin stated his client purchased the house in 2005, the Special Magistrate cautioned Attorney Rankin to narrow the issues. Assistant County Attorney Wright stated both sides agreed that a permit had been issued. He asked for a ruling on the Affirmative Defense that Attorney Rankin was attempting to apply. He moved for an Order that the Affirmative Defense did not apply to this case. Attorney Rankin objected. The Special Magistrate stated the provision in the Ordinance applied only to permitting and not to Certificates of Occupancy. Attorney Rankin stated for appeal purpose on the record the Ordinance spoke about "any failure," and therefore applied to this matter. Assistant County Attorney Wright added for the record that"... In order to invoke the Affirmative Defense, one must demonstrate to a Building Official by a preponderance of the evidence that the work which was alleged to have been completed without a permit being duly issued, meets all Codes and requirements in effect at the time the permit was required." He further stated he had not seen any "demonstration" to the Building Official. Attorney Rankin asked to admit a copy of the two-page Deed evidencing purchase ofthe Property by the Respondent dated December 12, 2005. The Special Magistrate accepted the document and it was marked as Respondent's Exhibit "G." Attorney Rankin asked to admit a copy of correspondence from the previous owner's son, Anthony J. Aveni, dated September 7, 2007. The Special Magistrate accepted the document and it was marked as Respondent's Exhibit "H." After Attorney Rankin indicated it would be necessary for him to testify, the Special Magistrate asked him to describe the subject of his testimony. He stated it would encompass his conversations with the a building official concerning the reliability of the information they were providing. The Special Magistrate stated that she is not required to have a separate Hearing to grant subpoena power. The Special Magistrate granted permission to Attorney Rankin to issue subpoenas to the following County employees: Wanda Warren, the head of the Records Department, and the person(s) able to access the computer system in use prior to CD Plus. Attorney Rankin stated he thought the individual with computer knowledge worked in the Addressing Department. He stated the name was Peggy Jerrold. The Special Magistrate ordered that both parties are to submit their lists for subpoenas and to include the name and title of each individuals. She further ordered Attorney Rankin to provide a Motion ifhe intended to rely on information contained in Florida Statutes. The Special Magistrate CONTINUED this case to November 16,2007. Assistant County Attorney Wright stated for the record that discussion of Affirmative Defense would not be allowed at the continuation of this Hearing. 23 October 19, 2007 The Special Magistrate stated she would narrow the focus of the continued Hearing; the County was to prove the reliability of the records that Attorney Rankin was challenging. Attorney Rankin stated the other defense is the dock was built exactly to Code at the time so there was no reason why the C/O was not issued. Supervisor Letourneau stated the purpose of the 10-day spot survey was to confirm that a dock had been built to Code. Attorney Rankin stated he would refer to Florida Statue 95-031, Statute of Repossessions. The Special Magistrate advised Attorney Rankin to include all of that information in his Motion. Recap of Respondent's Exhibits: Exhibit "A": Composite Exhibit "B": Exhibit "C": Composite Exhibit "D": Exhibit "E": Exhibit "F": Exhibit "G": Exhibit "H": RECESS: 2:50 PM RECONVENED: 3:05 PM V. PUBLIC HEARINGS B. Hearinl!s: CD Plus printout of Permits for property Application for Building Permit, Express, #96-9310 Image of house with dock and boat (page 1) and Diagram of property (page 2) both from Property Appraiser Application for Building Permit, #96451 Plat Map from Book 21, Page 3 Plat Map from Book 21, Page 1 Warranty Deed to Cobb Corp, dated December 12,2005 Letter from Anthony 1. Aveni, dated September 7, 2007 21. Case # DAS 11576/ DAS 11577/ DAS 11578 - BCC vs. Irma Sillas The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Peter Hinkley was present. Violation(s): Ord. 14-36 Sec. (A)(2) Allow to run at large Violation Address: Wilson Blvd. - public way The Special Magistrate noted the Respondent requested the Hearing on September 26, 2007. The Officer stated there were three dogs with multiple citations for each dog. The dogs were Moya, Tiger and Somo. The Officer stated he was contacted on September 1,2007, by Collier County Sheriffs Deputy Todd Davis about an individual who was being attacked by several large dogs. 24 October 19,2007 He called the Deputy who advised him the dogs had been chased back to the owner's home and were confined. The Officer asked the Deputy to obtain an affidavit from the victim, Randy Herrig. He also obtained an affidavit from Deputy Davis. The Special Magistrate stated the Affidavits were to be made part of the record and reminded the Officer to submit both by Wednesday, October 24,2007. Upon further questioning, the Officer stated there were nine Citations written on this one case. The Affidavits pertained to all of the Citations. When the Officer met the owner, she admitted she let the dogs loose in error and also admitted the Deputy had defended the victim. Arlene Harper, Code Enforcement Secretary, verified that the Notice of Hearing was delivered on September 26, 2007 via certified mail Finding the Notice of Hearing had been properly served, the Respondent was found GUlL TY of the alleged violation(s) and was ordered to pay a fine of $1 00. 00 per dog, together with an administrative fee of$7.00 per Citation on or before November 19,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement in the prosecution of this case in the amount of$50.00 on or before November 19,2007. TOTAL FINE: $371.00 22. Case # DAS 11579/ DAS 11580/ DAS 11581 - BCC vs. Irma SiIlas The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Peter Hinkley was present. Violation(s): Ord. 14-34 Sec. (A)(4) County license/tags not attached to animal Violation Address: Wilson Blvd. - public way The Officer stated these Citations related back to the previous case. He stated the Respondent admitted she removed the collars to bathe the dogs and had not put them back on before the animals got loose. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the allegedviolation(s) and was ordered to pay afine of $1 00. 00 per dog, together with an administrative fee of$7.00 per Citation on or before November 19, 2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement in the prosecution of this case in the amount of$50.00 on or before November 19,2007. TOTAL FINE: $371.00 23. Case # DAS 11582/ DAS 11583/ DAS 11584 - BCC vs. Irma SiIlas 25 October 19, 2007 The Hearing was requested by the Respondent who was not present. Collier County Department of Animal Services Officer Peter Hinkley was present. Violation(s): Ord. 14-36 Sec. (A)(7) Snap, growl, snarl, jump upon or otherwise threaten persons lawfully using any road right-of-way Violation Address: Wilson Blvd. - public way The Officer stated these Citations related back to the previous case. The Special Magistrate asked the Officer ifhe knew where on Wilson Boulevard the attacks occurred. He stated he did not. Finding the Notice of Hearing had been properly served, the Respondent was found GUILTY of the alleged violation(s) and was ordered to pay afine of$100.00 per dog, together with an administrative fee of$7.00 per Citation on or before November 19,2007, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay Operational Costs incurred by Code Enforcement in the prosecution of this case in the amount of $50.00 on or before November 19, 2007. TOTAL FINE: $371.00 28. Case # 2007060653 - BCC vs. Richard Carter The Hearing was requested by the Respondent who was not present. Collier County Code Investigator Reggie Smith was present. Violation(s): Collier County Code of Laws & Ordinances Article VI, Sec. 22-231(15) Private pool maintenance Violation address: 196 BriarcliffLn. For the record, the Investigator corrected the Section number to 22-231(15). The Investigator received a complaint about the property. After inspecting the property, he sent the Notice of Violation via certified mail to the Respondent. On July 5,2007, he received proof of delivery from the U.S. Postal Service indicating "Francine Carter" had signed for the envelope. He spoke with Mrs. Carter on August I, 2007 who informed him the previous owner maintains the pool for herself and her husband since they live out of state. On August 17, 2007, he spoke with Mr. Carter who denied owning any property in the area and then hung up. The Investigator stated he posted the Notice of Hearing on October I, 2007, at both the property and the Courthouse. The Investigator checked for abatement on October 18th and verified the ownership as provided by the County's records. Finding the Notice of Hearing had been properly served, the Respondents were found 26 October 19, 2007 GUILTY of the alleged violation(s) and were ordered to repair the damaged pool enclosure screens and bring the pool water into compliance pursuant to Code standards on or before October 26,2007, or afine of $250. 00 per day will be imposed for each day the violation remains thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondents were ordered to pay Operational Costs incurred during the prosecution of this case in the amount of $233. 62 on or before November 19, 2007. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation has been abated. 35. Case # 2007080081- BCC vs. Jill J. Weaver & Henrv Tesno The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Ord. 04-41 as amended Sec. 2.00.01(A) Unlicensed vehicle Violation address: 3140 Van Buren Ave., Naples, FL 34112 The Investigator presented three photographs which were marked as: County Exhibit "A" - Chevy Blazer County Exhibit "B" - Notice of Violation posted at owner's residence County Exhibit "c" - Notice of Hearing posted at violation address The Investigator stated this is a repeat violation, but it had been abated. Finding the Notice of Hearing had been properly served, and finding the violation(s) did exist but had been CORRECTED prior to today's Hearing, the Respondents were found GUILTY of the alleged violation(s) and were ordered to pay a civil fine in the amount of$250.00 on or before November 19, 2007. The Respondents were ordered to pay the Operational Costs incurred during the prosecution of this case in the amount of $241. 79 on or before November 19, 2007. VI. NEW BUSINESS A. Motion for ImDosition of Fines: 2. Case # 2006030813 - BCC vs. Harold Gav The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau. Property Maintenance Specialist Joe Mucha was also present. The Respondent was not present. 27 October 19, 2007 Violation(s): Ord. 04-41 as amended Sec. 2.01.00 Commercial vehicles with attached trailer on property Violation address: 5217 Perry Ln, Naples, FL 341 \3 Code Enforcement Investigative Supervisor Letourneau stated the violation had been abated. The County requested assessment of Operational Costs in the amount of$157.71 in addition to the assessment of a civil penalty in the amount of $250.00, for total fines in the amount of$407.71. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount to $407.71. 3. Case # 2005020051 - BCC vs. Michael Hernandez & Adrianna Garcia The County was represented by Collier County Code Enforcement Investigative Supervisor Jeff Letourneau. The Respondents were not present. Violation(s): Ord. 04-41 as amended, Sec. 2.01.00 Unlicensed/inoperable vehicles Violation address: 1521 Golden Gate Blvd. W., Naples, FL 34120 The County requested assessment of Operational Costs in the amount of$85.53, in addition to the assessment of fines in the amount of$16,950 for the period from May 3, 2005 through April 7, 2006, (339 days @ $50/day), for a total amount of$17,035.83. The Special Magistrate GRANTED the County's motion for the imposition of fines in the total amount of $17,035. 83. C. Emen!encv Cases: None VII. OLD BUSINESS - None VIII. CONSENT AGENDA - None IX. REPORTS - None X. NEXT MEETING DATE - November 2,2007 The Special Magistrate announced the November 2nd Hearing would again be held at the County's Community Development & Environmental Services (CDES) Building located at 2800 N. Horseshoe Drive. 28 October 19, 2007 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 3:40 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented . or as amended 29